“Prejudice is a burden that confuses the past, threatens the future, and renders the present inaccessible.”– Maya Angelou
From the days of child slavery to the modern-day school-to-prison pipeline, the juvenile justice system has a history marred by systemic racism. At its inception, youth of color, specifically black youth, were overrepresented in court proceedings, and significantly underserved by community agencies and services. During the period of segregation, this overrepresentation increased and the addition of “tough on crime” policies further targeted and labeled youth of color as dangerous and delinquent.
For example, look at the case of the Exonerated 5. In 1989, five teenagers, Kevin Richardson, Yusef Salaam, Antron McCray, Raymond Santana and Korey Wise, were wrongfully arrested, tried, and later convicted of the brutal assault and rape of a white, female jogger in New York City. This case garnered national news attention, with a highlighted focus on the injustices that youth of color experience within the legal system, and the biases that are meant to stereotype, judge, and ultimately punish youth of color based on the color of their skin.
This history of systemic racism has significantly impacted the experiences of youth of color that come into contact with this system. According to the Office of Juvenile Justice and Delinquency Prevention, 15% of all youths in the United States are Black, yet they make upabout 41% of the juveniles that are committed to out-of-home residential placement, which is an indicator for continued racial disparities within the juvenile justice system. Numerousresearch studies have consistently found that Black youth and other youths of color are more likely than white youths to be arrested, referred to court, and adjudicated, pushing them deeper into the system.
Efforts to address this issue, initially recognized as Disproportionate Minority Contact (DMC), were influenced through amendments to the Juvenile Justice and Delinquency Prevention Act of 1974 and the Juvenile Justice Reform Act of 2018, both of which tasked states with working to identify and reduce what DMC is now termed, Racial and Ethnic Disparities (R/ED), across five different points within the system: arrest, diversion, pretrial detention, disposition commitments, and adult transfer.
However, despite legislative efforts, and a significant decrease in youth offending, we recognize and acknowledge that these disparities still exist, and directly affect our youth of color. For example, racial profiling results in youth of color being more likely to be stopped, arrested, and charged with offenses. Implicit biases of judges, prosecutors, and other justice system officials may result in harsher treatment and dispositional decisions for youth of color. Even before contact is made with the system, youth of color are significantly more likely to be from disadvantaged communities with limited access to resources to keep them out of the justice system.
The experiences of youth of color within the youth legal system can have a profound and lasting impact on their lives. Incarceration can lead to educational setbacks, limited employment opportunities, and increased risk of future criminal involvement. Additionally, the stigma associated with the criminal justice system can make it difficult for youth of color to rebuild their lives and achieve their full potential. CJJ recognizes these effects and remains dedicated in their efforts to collaborate with other justice system stakeholders and workto reduce R/EDwithin the juvenile justice system through community-based programming, data-driven reform, policy reform, and training. In order to change the narrative, we must remember #YOUthAreWorthRacialJustice.